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ANISH DAYAL
Teekam Singh – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
1. This petition has been moved for regular bail for the petitioner in FIR No.474/2021 PS Aman Vihar under sections 498A/304B/34 IPC. The petitioner has been in custody since 7th November, 2021 and he was granted bail vide order dated 5th July, 2022 and according to the learned counsel for petitioner, he did not misuse the liberty granted to him.
2. As per the case of the prosecution, on 4th September, 2021 information was received that Sapna, wife of Rahul aged 23 years was admitted in hospital and has been declared brought dead. At the place of incident, the house where Sapna was living with her husband and their family i.e. B-233, Hari Enclave, Part II, Kirari, Suleman Nagar, a saree cut into 3 pieces and a suicide note was found. As per the suicide note, it was allegedly stated by the deceased that the persons responsible for her death would be husband and her in-laws and that they had been making demands of dowry from her. It was revealed that she was married to Rahul Gupta @ Gaurav in May 2021 and expired within 5 months of marriage. Statement of mother of deceased Smt. Guddi was recorded stating that ‘the in-laws were demanding dowry and since they could not fulfil
The main legal point established is the presumption of innocence until proven guilty, the principle that bail is the rule and jail is the exception, and the need to avoid undue hardship from detentio....
Insufficient evidence in dowry death case justifies bail when allegations primarily target other family members and charges remain unframed.
The court established that allegations of dowry death require clear and specific evidence of harassment and cruelty, and the absence of such evidence can lead to the granting of bail.
The court emphasized the applicant's burden to provide a satisfactory explanation for the circumstances of the deceased's death, given the serious nature of the charges.
The court emphasized the presumption of innocence, the delay in trial commencement, and the completion of the investigation as factors for granting bail, while also addressing the apprehension of wit....
Abatement of suicide – Grant of Bail - No specific allegation has been stated as to what was the demand of dowry after marriage except what was demanded at the time of marriage i.e. the Sarees, Suits....
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